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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 42658
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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I am a 58yo employed single male and I have a Australian ATO

Customer Question

Hi, I am a 58yo employed single male and I have a Australian ATO garnish order currently applied to my salary which is 1/3rd of my wage. I owe the ATO about $48,000.00.
My question is. How do I apply to the QLD courts to cancel the garnish order for me to make voluntary repayments?
My second question is. If I retire from the work force, can the ATO garnish my Superanuation which is worth $108,000,00?
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.

Good Evening

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.

Did the ATO get the granishee through the courts?

Customer: replied 1 year ago.
Hi Leon, I don't know, my workplace received an ATO garnish letter instructing them to take 1/3 of my weekly salery. This is now in place
Expert:  Leon replied 1 year ago.

Good Evening

You need to get a copy of that letter and see what it says. If it is not under a court order then you have to sue then under the section they issued it under. Also you should have been warned before they did this.

Did you get anything?

Customer: replied 1 year ago.
I think I did, all my financial affairs were handled by my Ex partner who is now left me. So I am pretty sure they warned me by letter, but I never saw the letters myself.
Expert:  Leon replied 1 year ago.

Good Evening

What are you willing to offer the ATO?

They will not withdraw it without you making them an offer to pay.

Here is some information about the order.

http://www.worrells.net.au//eUpdateNewsletters/ViewArticleListing.aspx?ArticleId=146

If you offer nothing even taking it to the court will be a waste of money.

Customer: replied 1 year ago.
I plan to offer them $300 a week. I am starting a second job soon and I don't want my pay garnished on both jobs
Expert:  Leon replied 1 year ago.

Good Afternoon

You have to speak to them directly. Get the letter from your employer or call the ATO and speak to them.

You have to ask them to make arrangements with you to amend the circumstances.

If they refuse then you have to go to court and get an injunction and seek the court make an alternative order.

You have to provide both the ATO and the Court a financial statement showing your income and expenses before they will consider any change.

I hope this makes sense and is of assistance.

Expert:  Leon replied 1 year ago.

Good Evening

I am following up my last post. Are you still in need of assistance?